Simpson v. State

Ellington, Chief Judge.

In 1988, a Fulton County jury found James Simpson guilty beyond a reasonable doubt of three counts of armed robbery, OCGA § 16-8-41 (a). The trial court sentenced him as follows: Count 1, 20 years imprisonment; Count 2, 20 years imprisonment, consecutive to the sentence on Count 1; Count 3, 20 years imprisonment, concurrent with the sentence on Count 2. In 2009, Simpson filed a “Motion to Set Aside Null and Void Conviction and Sentence.” The trial court denied the motion, and Simpson appeals, contending that the sentences are unlawfully consecutive. Simpson argues that…